MUSDAPHER, J.C.A. (Delivering the Leading Judgment): In the High Court of Ondo State, in the Akure Judicial Division and in Charge No. AK/C/84, the four appellants and two others (who escaped from custody and were not tried) were charged before the trial Court and pleaded not guilty to the following amended charges.
COUNT I: STATEMENT OF OFFENCE
CONSPIRACY, Contrary to and Punishable under Section 445(6) of the Criminal Code Cap. 28 Vol. I, Laws of Western Nigeria (1959) as applicable to Ondo State,
PARTICULARS OF OFFENCE
JOSEPH ADEBAYO (M), JIMOH SULE (M) SAMUEL FADEWALE (M), THEOPHILUS RANSON (M), GODWIN ANEBOH (M) AND SAMUEL MORAKINYO (M) between 15th March, 1983 and 13th May, 1983 at Akure Judicial Division did conspire to effect an unlawful purpose to wit stealing,
COUNT II
STATEMENT OF OFFENCE
Obtaining money by false pretences contrary to and punishable under Section 359 of the Criminal Code Law Cap. 28 Vol. I Laws of Western Nigeria (1959) now applicable to Ondo State.
PARTICULARS OF …